Merck Awarded Summary Judgment in Bellwether Zostavax MDL Action

PHILADELPHIA – Following his order excluding the causation opinions of the plaintiff’s expert, the judge overseeing the Zostavax MDL docket has awarded Merck summary judgment in a bellwether case.

In an Oct. 17 order, Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania found the plaintiff, Kay Kobylinski, presented no admissible evidence that the shingles vaccine caused her to suffer permanent daily headaches (PDH).

Kay Kobylinski, then 68, received the Zostavax shingles vaccine in January 2017 and alleged it caused her to suffer PDH. Kobylinski’s doctors said she likely suffers from migraines, and records …